Divorce in case of forced marriage after a month
fahim
(Querist) 19 May 2011
This query is : Resolved
Hi,
I have a query. My girlfriend was forcefully married a month ago to her parents choice' boy. The boy also is also having a girlfriend and now both of them want to get separated.
1) So, is it possible to get divorce after a month of marriage. They both are Sikhs.
2) How long will it take as they want a mutual consent divorce. I have read somewhere that a mutual divorce can only be filed when both the partners are staying apart from one year???
3) Can the time for divorce process be reduced in this case??
Please help.
M.Sheik Mohammed Ali
(Expert) 19 May 2011
you can apply divorce mutual consent, it will take 6 months, but both are minimum completed 1 year of marriage life, if both are unlike to continue married life, then go married
fahim
(Querist) 19 May 2011
So, you mean to say they cannot file for a divorce now?
n.k.sarin
(Expert) 19 May 2011
They can file petition for dissolution of marriage by mutual consent before completion of one year, if they can prove that the consent of the said marriage was obtained by forcefully and the said marriage was not consumated even till today,and there is exceptional hardship exist.section 14 of the Hindu marriage Act provide the law for allowing a petition to be presented before one year has elapsed.
fahim
(Querist) 19 May 2011
Sir, so how can they prove that they were forced to marry?
I mean to say what evidences should they need to prove that they were forced?
M/s. Y-not legal services
(Expert) 19 May 2011
For filing mutual divorce 6 months waiving period is mandatory.. But the one year completion of marriage is dispensable. You can file a petition along with an interim application for dispense the one year completion.first the interim application will be numbered and notice may be order to respondent. Here respondent will be as NIL. so you can speed up..
fahim
(Querist) 19 May 2011
So, sir you mean to say that they can file for a divorce now only? :)
Thanks for ur reply..
fahim
(Querist) 19 May 2011
And sir one more question, what does respondent mean here? you said it will be NIL?
Guest
(Expert) 19 May 2011
Yes, your girl friend can file mutual consent divorce.
fahim
(Querist) 19 May 2011
Thank you for ur reply Sir..
fahim
(Querist) 20 May 2011
So, if she files the divorce now it can take around 6-7 months for the whole process?
Thanks!
fahim
(Querist) 20 May 2011
And i have one more question where can they file divorce with an interim application for waiver of the one year period?
fahim
(Querist) 20 May 2011
Which court accepts the interim application?
